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(영문) 서울중앙지방법원 2014.09.12 2014고단5757
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 30, 2011, the Defendant received a summary order of KRW 1 million from the Incheon District Court to a fine for a violation of the Road Traffic Act, and on July 26, 2012, the Defendant received a summary order of KRW 3 million to a fine for a violation of the Road Traffic Act from an Ansan District Court.

On July 27, 2014, the Defendant was under the influence of 0.248% of blood alcohol concentration on July 27, 2014, and around 03:40 on the same day, the Defendant driven a B-to-purn vehicle owned by himself/herself at a section of approximately 200 meters from the Jongno-gu Seoul Jongnodong Hyundai Mandong from the same day to the road front of the 165-1 World Officetel.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of, and investigation into, a host driver (application of, the Tramark Official Form and administrative disposition disposition);

1. Previous convictions in judgment: Application of Acts and subordinate statutes by inquiry and inquiry;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that there is no criminal conviction or heavier than a suspended sentence of imprisonment, the distance of operation is relatively short, and the fact that it is against depth);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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